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    RUFINO IMPERIAL, The New Rules of Court Now Specifically

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    Romel Torres
    I. The document discusses various provisional remedies available under the Rules of Court, including preliminary attachment, preliminary injunction, receivership, replevin, and support pendent lite. It also discusses the termination of a guardianship upon the death of the ward. II. It notes that property under custodia legis (in the hands of the court) can now be attached, subject to the procedures in the rules. Any damages from a wrongful attachment must be recovered in the same case, and proceeds from sales under an attachment order will be delivered to the party against whom attachment was issued if judgment is rendered against the attaching party. III. Replevin seeks possession of property prior to determining

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    RUFINO IMPERIAL, The New Rules of Court Now Specifically

    Uploaded by

    Romel Torres
    22 views2 pages
    I. The document discusses various provisional remedies available under the Rules of Court, including preliminary attachment, preliminary injunction, receivership, replevin, and support pendent lite. It also discusses the termination of a guardianship upon the death of the ward. II. It notes that property under custodia legis (in the hands of the court) can now be attached, subject to the procedures in the rules. Any damages from a wrongful attachment must be recovered in the same case, and proceeds from sales under an attachment order will be delivered to the party against whom attachment was issued if judgment is rendered against the attaching party. III. Replevin seeks possession of property prior to determining

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    I. The document discusses various provisional remedies available under the Rules of Court, including preliminary attachment, preliminary injunction, receivership, replevin, and support pendent lite. It also discusses the termination of a guardianship upon the death of the ward. II. It notes that property under custodia legis (in the hands of the court) can now be attached, subject to the procedures in the rules. Any damages from a wrongful attachment must be recovered in the same case, and proceeds from sales under an attachment order will be delivered to the party against whom attachment was issued if judgment is rendered against the attaching party. III. Replevin seeks possession of property prior to determining

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    22 views2 pages

    RUFINO IMPERIAL, The New Rules of Court Now Specifically

    Uploaded by

    Romel Torres
    I. The document discusses various provisional remedies available under the Rules of Court, including preliminary attachment, preliminary injunction, receivership, replevin, and support pendent lite. It also discusses the termination of a guardianship upon the death of the ward. II. It notes that property under custodia legis (in the hands of the court) can now be attached, subject to the procedures in the rules. Any damages from a wrongful attachment must be recovered in the same case, and proceeds from sales under an attachment order will be delivered to the party against whom attachment was issued if judgment is rendered against the attaching party. III. Replevin seeks possession of property prior to determining

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    I.

    A) the following are the provisional remedies provided for


    in the Rules of Court: 1) Preliminary Attachment (Rule !)"
    #) Preliminary in$unction (Rule %)" &) Receivership (Rule
    ')" () Replevin (Rule )*)" and ) +upport pendent lite
    (Rule )1). ,ther provisional remedies include:
    A. Issued -y a .amily court
    1. /emporary custody of minor children
    #. ,rder allowing visitation rights of parents
    0. Interim reliefs in a petition for a writ of Amparo
    1. /emporary protection order
    #. Inspection order
    &. Production order
    (. 1itness protection order
    -.) an attachment places the property under the custody
    of the court2 and is in the nature of proceeding 3uasi in rem.
    It is purely a statutory remedy and thus cannot e4ist without
    a stature granting it. A garnishment is a 5ind of attachment
    in which the plainti6 see5s to su-$ect either the property of
    the defendant in the hands of a third person called the
    garnishee2 to his claim or the money which said third person
    owes the defendant
    c.) in the case of the HEIRS OF PEDRO REGANON, vs.
    RUFINO IMPERIAL, /he new Rules of Court now speci7cally
    provides for the procedure to -e followed in case what is
    attached is in custodia legis.

    /he clear import of this new
    provision is that property under custodia legis is now
    attacha-le2 su-$ect to the mode set forth in said rule. /he
    ward having died2 the guardianship proceedings no longer
    su-sist:
    /he death of the ward necessarily terminates the
    guardianship2 and thereupon all powers and duties of the
    guardian cease2 e4cept the duty2 which remains2 to ma5e a
    proper accounting and settlement in the pro-ate court.

    d.) yes2 any award of damages for wrongful attachment may
    -e recovered2 -ut only in the +A89 CA+9. /he recovery of
    damages cannot -e had in a separate action. Also2 according
    to +ec 1' of Rule !2 If judgment be rendered against
    te atta!ing "art#, a$$ te "r%!eeds %f sa$es and
    m%ne# !%$$e!ted %r re!ei&ed b# te seri', under te
    %rder %f atta!ment, and a$$ "r%"ert# atta!ed
    remaining in an# su! %(!er)s ands, sa$$ be
    de$i&ered t% te "art# against *%m atta!ment *as
    issued+
    e.) replevin is the provisional remedy see5ing for the
    possession of the property prior to the determination of the
    main action for replevin2 for the purpose of recovering
    personal property capa-le of manual delivery from the
    defendant.
    f.) no2 the trial court would err in denying the application for
    support pendent lite. According to +ec. ) of Rule )12 In
    !rimina$ a!ti%ns *ere te !i&i$ $iabi$it# in!$udes
    su""%rt f%r te %'s"ring as a !%nse,uen!e %f te
    !rime and te !i&i$ as"e!t tere%f as n%t been
    *ai&ed, reser&ed %r instituted "ri%r t% its -$ing, te
    a!!used ma# be %rdered t% "r%&ide su""%rt "endente
    $ite t% te !i$d b%rn t% te %'ended "art# a$$eged$#
    be!ause %f te !rime+ .e a""$i!ati%n teref%r ma# be
    -$ed su!!essi&e$# b# te %'ended "art#, er "arents,
    grand"arents %r guardian and te State in te
    !%rres"%nding !rimina$ !ase during its "enden!#, in
    a!!%rdan!e *it te "r%!edure estab$ised under tis
    Ru$e+

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